Damage caused by tenant's ex boyfriend and tenancy coming to an end

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    Damage caused by tenant's ex boyfriend and tenancy coming to an end

    Hi

    I have a tenant with a young child, who is part working part DSS with benefit paid directly to me.

    She has a guarantor being her ex boyfriend who is working. Deposit came from ex b an her father.

    6 months AST in her name only with her and child only residing at the property. Earlier this year she had an argument with ex b/f and he proceeded to attempt to break into the property causing damage to the front door. A week later she let him in and he ended up going crazy in the property smashing the place up.

    When she took the tenancy she wanted so badly she put up 2 1/2 months deposit and a months rent. She has confirmed in email the damage and apologised - I have 3 estimates all confirming new lounge laminate floor / new front door / new internal door required and other bits and pieces.

    She initially reported the assualt and damage to the police and I made a report too, for the damage. She is now saying that she is dropping charges aginst him and wants to move out soon. I have already served notice two months before the end. She also has told me he has returned to the property and I am unclear if they are together / apart etc - she did say in email back in Jan she would never let him into the property again and assured me they were not together (as she is claiming DSS).

    The cost will be covered by the deposit - but I have some questions.

    1 She is asking if she can choose the contractor to do the repairs and its only around 3 weeks left before she leaves - who chooses the contractor and can she change my doors/floor as part of the repairs?

    Note my father is a carpenter and I have said that if she wants me to speak to him get it done cheaper than the estimates I wil, and he has said if he has time he will do it saving her quite a bit of money. My preference is either a contractor I know and trust such as my father providing they are around same or less cost than estimates I have obtained or a contractor who is part of professional scheme/has indemnity and insurance backed guarantee so that I don't end up with poor workmanship), hence I would prefer to instruct the repairer?

    2 I have the estimates and waiting to hear from the police - can I give her the estimates given she is in contact with him and the police asked for these?

    3 Can he return to the property given he is on bail?

    4 I spoke to the tenancy deposit scheme and they said I can make deductions against the deposit without wear or tear as its damage - can I also claim for time to do the repairs where I have lost rent (should 2-3 days)?

    5 If the AST ends 6 May and I put 9 May as the date I require possession in the notice which I served on 7 March 2014 (by email and hand which she acknowledged) - It says after 9 May 2014 so which day is the day she should move out?

    6 I am unsure what to do with the police charges, given that the police finally told me they arrested him and he is bailed to return again.

    Help as quite new to this....

    Thanks


    Adrian

    #2
    Don't do any repairs until you have possession (just in case more damage is done) and no, tenant cannot choose contractor.

    If your tenant was the female she can invite whomsoever she wants to be there as a guest over which you have no control.

    Put your estimates for damage and lost rent to the DPS - copy it to the tenant - after she has gone.

    As for the S21 notice - you should have put 'after the 7th May 2014'. Wait and see if she goes - if not you may have to apply for a court order or if S21 invalid then start all over again.

    Need more details on tenancy start date and form of S21 and service.



    Freedom at the point of zero............

    Comment


      #3
      Hi

      Thanks for this, I thought perhaps given the police action he could not come to the property....

      Tenancy start date 7 Nov and the section 21 does say after the 9th may 2014 or at the end of the period of your tenancy which will end after the expiry of two months from the service upon you of this notice.

      She is asking for the estimates or the cost of them, which is going to cost quite a bit - I was trying to help her so that she still has some deposit for the new place and so that I don't end up having problems with her. I served her by sending a copy by PDF and dropping a copy in by hand through the letter box - she emailed me to confirm she had received it on 7 Maarch 2014.

      Comment


        #4
        She is free to fix whatever is damaged before she leaves ie replace doors, floors. I would wait until you have possession and then repair. She does not need to know the costs beforehand. Do not get personally involved with trying to save her money (the deposit was funded by ex boyfriend and father). It costs what it costs so take it out the deposit.

        Comment


          #5
          I'm no criminal law expert but I suspect you would have to get some sort of court order to ban the male from the property and it will cost £££s. With these tenant relationship BF things it is best not to get involved.

          Not sure about the validity of S21 - wait for others to comment. End of notice should be end of rental period and she should have received it on or before 6 March. What was date of email sent? Very sticky IMO.

          Tell your tenant (or don't tell her) that estimates for damage will be available on her surrendering the tenancy or vacating - which ever happens soonest. You have no legal requirement to give these things to her now - so don't and as I said previously there maybe more damage. To get possession I might even use this as a bargaining tool and waive damage.
          Don't get involved personally with help.
          Only you can decide on bargaining or bribery for her to go.



          Freedom at the point of zero............

          Comment


            #6
            Originally posted by bbva View Post
            She is free to fix whatever is damaged before she leaves ie replace doors, floors. I would wait until you have possession and then repair. She does not need to know the costs beforehand. Do not get personally involved with trying to save her money (the deposit was funded by ex boyfriend and father). It costs what it costs so take it out the deposit.
            I echo this^^^

            Tell her to get the repairs done herself.
            If it is done to a satisfactory standard, then she gets her deposit back. If it isn't, then you make deductions.

            If she doesn't have the money to get the repairs done, then tough.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              I agree with thesaint.

              I've tried to save tenants money in the past but they don't appreciate it and I've worn myself out. Now I give a contractor/handyman sized quote. They broke it, they can pay for it.

              Comment


                #8
                Hi thanks for this.

                The tenant still owes a small amount of rent around £100 and has not paid it despite me asking a few times. She also wants to extend the lease - any idea on how best to say no?

                Also, I am thinking of serving a section 8 notice under section 14 (and possibly 10, 11 and 12) - mainly for the criminal damage so that this has expired at the same time as the section 21 just to be safe.

                I also would like to visit the property with her permission to see the condition before the end of the term.

                Any thoughts on the above?

                Comment


                  #9
                  Originally posted by Adrian R View Post
                  She also wants to extend the lease - any idea on how best to say no?
                  One 2 questions answered.
                  It's not a lease, it's an A.S.T.
                  She does not have to extend the AST, it becomes a "Periodic tenancy" whereby all the conditions of the original A.S.T. remain in force, and no need to issue or make any new agreements, nor even verbaly.

                  She can stay as long as she wants.

                  How to say no ?
                  You are running a business, you just say you want your property back and fill in the required documents -- S21.
                  Maybe with all the other documents you mentioned.

                  Do NOT let tenant fix anything.

                  Comment


                    #10
                    Originally posted by ram View Post

                    Do NOT let tenant fix anything.
                    You cannot prevent the tenant from fixing the damage before she leaves. If it is not done to the same standard then you can claim from the deposit.

                    Comment


                      #11
                      Originally posted by bbva View Post
                      You cannot prevent the tenant from fixing the damage before she leaves. If it is not done to the same standard then you can claim from the deposit.
                      See first sentence at post number 2.

                      How many times do members state not to let tenants repaint the walls, fix the cooker, fix the electrics, doors, fences etc etc.

                      Do you REALY think the tenant will do a good job, I don't think so.

                      AdrianR.

                      Your tenant does not have to leave after 9th May !
                      An S21 is only a notice that you want the property back after the 9 th.
                      She has already stated she wants to stay.

                      Dont be gullable, you want her out and she has asked to extend the AST. It's all a ploy, and you are the pawn.
                      Boyfriend WILL be back. You do not want that.

                      Comment

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